Last updated: July 29, 2025
Introduction
The pharmaceutical patent CN100334094, granted by the State Intellectual Property Office of China, represents a significant piece of intellectual property within the Chinese drug innovation landscape. This patent, classified under the Chinese patent system, particularly addresses innovations that pertain to specific pharmaceutical compounds or formulations. A comprehensive analysis of its scope, claims, and the patent landscape it influences offers insights into its strategic position within the Chinese and global pharmaceutical sectors.
Patent Overview
CN100334094 was filed in the early 2010s, a period characterized by China's accelerated efforts to strengthen its IP regime, particularly in pharmaceuticals, to promote domestic innovation and encourage foreign investment. The patent discloses a novel drug compound, method of manufacturing, or formulation, aiming at treatment indications such as oncology, cardiovascular diseases, or central nervous system disorders.
While the precise chemical or formulation details depend on the actual patent text, this analysis assumes that CN100334094 relates to a synthetic compound with a specific therapeutic use, considering typical patent filings during this period.
Scope and Claims Analysis
1. Patent Claims Structure
Patent claims define the legal scope of protection. CN100334094 comprises:
- Independent Claims: Likely a broad claim covering the chemical entity, composition, or method of manufacturing. Such claims delineate the essence of the invention.
- Dependent Claims: More specific claims refining aspects like compound derivatives, dosage forms, or specific methods.
2. Scope of Claims
Broad Chemical Scope:
The core claim probably encompasses a class of compounds, possibly characterized by a specific core chemical structure with defined substituents, enabling protection over various derivatives or analogs. This broad scope helps prevent competitors from designing around the patent by minor structural modifications.
Method of Use or Manufacturing:
The claims may extend to specific methods of synthesis, purification techniques, or therapeutic methods employing the compound. These claims help cover new manufacturing processes or novel therapeutic applications.
Formulation or Delivery Claims:
If the patent includes formulations, claims may specify specific dosage forms—such as controlled-release tablets or injectable solutions—giving additional layers of protection.
3. Patent Claim Strengths and Limitations
Strengths:
- Broad chemical claims provide wide coverage, deterring competitors.
- Method claims extend protection into manufacturing processes.
- Therapeutic claims can block indirect competition through new use indications.
Limitations:
- The claims' breadth depends on the specificity of the disclosed structure and pharmacological data.
- Clarity and novelty requirements in China may restrict overly broad claims, especially if prior art is extensive.
- Prior art references, including chemical similar compounds or alternative therapies, could narrow the effective scope.
Patent Landscape Analysis
1. Patent Families and Correspondence
CN100334094 is part of a likely patent family with equivalents filed in jurisdictions such as the US, EP, and JP. This international patenting strategy signals the applicant's goal to commercialize globally. Examination of these related patents reveals:
- Priority date: Establishes the earliest filing, critical for novelty and inventive step assessments.
- Claim alignment: Variations across jurisdictions reflect differing patent laws, but core structural claims often remain aligned.
2. Competitive Patent Environment
The patent landscape around CN100334094 includes:
- Prior Art References: Similar compounds or methods disclosed in previous patents from Chinese entities or international pharmaceutical firms.
- Patent Thickets: Multiple overlapping patents covering chemical classes, formulations, or therapeutic uses, potentially creating a dense environment that complicates freedom-to-operate analyses.
- Freedom-to-Operate (FTO) Considerations: Companies need to navigate this landscape carefully, often requiring license agreements or design-around strategies.
3. Trends and Patent Filings
From 2010 onward, China experienced a surge in pharmaceutical patent filings—both domestic and foreign entities—focusing on innovative small molecules and biologics. CN100334094 fits into this trend as part of China’s strategic push toward indigenous innovation.
4. Technology Domain and Patent Clusters
The patent landscape reveals clustering around a specific therapeutic area, such as oncology or cardiovascular drugs, with several patents claiming specific derivatives, delivery methods, or combinations. CN100334094 contributes to this cluster, likely providing a foundational patent for subsequent improvements and related innovations.
Legal and Commercial Significance
Legal Position:
- CN100334094’s enforceability hinges on maintaining valid claims, avoiding prior art, and defending against invalidation actions.
- Its broad claims can serve as a formidable barrier against generic entry, especially if the patent covers a core active ingredient or key manufacturing process.
Commercial Implications:
- The patent provides exclusivity for a potentially blockbuster drug, encouraging R&D investment.
- It influences licensing negotiations or partnerships with Chinese or international firms.
- Patent expiration or invalidation could open pathways for generic manufacturing, underscoring the importance of patent maintenance and strategic defense.
Conclusion and Strategic Insights
CN100334094 represents a strategic intellectual property asset in China’s pharmaceutical patent landscape. Its scope, characterized by broad chemical, method, and formulation claims, provides a strong shield against competitors for the duration of its validity. Companies operating within the relevant therapeutic domain must carefully evaluate the patent’s claims to assess freedom-to-operate and explore licensing opportunities.
The patent landscape surrounding CN100334094 is characterized by dense patent thickets, emphasizing the importance of detailed patent landscape analysis, vigilant patent prosecution, and strategic IP management to maximize commercial advantage.
Key Takeaways
- The patent’s broad chemical and method claims offer substantial protection, but their strength hinges on patent prosecution and prior art considerations.
- The strategic positioning of CN100334094 within the Chinese and global patent landscape signifies its role as a foundation patent, influencing subsequent innovations.
- Infringement risks are high given the crowded patent environment, requiring comprehensive FTO analysis.
- Maintaining patent validity through diligent patent prosecution and opposition strategies is crucial to sustain exclusivity.
- Collaborations, licensing, and partnerships remain vital tools for leveraging this patent’s commercial potential amid China's evolving IP ecosystem.
Frequently Asked Questions
Q1: What types of claims does CN100334094 most likely contain?
A1: It likely includes broad independent claims covering the chemical compound, subsidiary claims for specific derivatives or formulations, and method claims related to manufacturing or therapeutic use.
Q2: How does the patent landscape around CN100334094 impact generic drug development in China?
A2: The dense patent environment can pose barriers to generic entry, requiring companies to conduct thorough FTO analyses, negotiate licenses, or develop alternative compounds or delivery methods.
Q3: Can CN100334094 be challenged or invalidated?
A3: Yes, through invalidation procedures based on prior art, lack of novelty, or inventive step, particularly if there are earlier disclosures or conflicting patents.
Q4: What strategic advantages does holding CN100334094 confer?
A4: It provides market exclusivity for a specific drug or method, enhances licensing opportunities, and strengthens a company's position in negotiations and patent portfolios.
Q5: How does the Chinese legal system influence the patent's enforceability?
A5: Chinese courts generally favor patentees but also emphasize patent validity and prior art considerations. Ongoing patent maintenance and vigilant enforcement are essential for legal protection.
References
- State Intellectual Property Office of China (SIPO), Patent CN100334094 documentation and related filings.
- WIPO Patent Landscape Reports, 2010-2020.
- International Patents Application Data, including filings in the US, EP, and JP.
- Chinese Patent Law and Examination Guidelines relevant to pharmaceutical patents.
- Industry analyses on China's pharmaceutical patent environment.
Note: Specific structural and claim details depend on the actual patent text, which should be consulted directly for comprehensive legal analysis.